Page 135 - 2019 A Police Officers Guide

• The Academy Manager “schedules trainings, insures the fidelity of the training, and that the
trainers are training the correct formats provided from the State office, and anything else that
comes up regarding training.”
• Balderas said that the Academy provides training to employees and potential investigators on
Fourth Amendment, civil rights, and search and seizure.
th
• All of the new hires take a computer based training labeled “4 Amendment Training.” They
attend a class taught by an attorney that only covers the Fourth Amendment. In addition, the
legal aspects of the Fourth Amendment are worked into all of the training classes on how to
investigate.
- Balderas said that, according to Ross’s transcript, she completed Basic Skills
Development, which includes some Fourth Amendment training. She also completed, on
July 10, 2008, a computer based training entitled “CPS and the 4 Amendment,
Respecting th the Rights of Families.” Ross also completed “Basic Skills Development
for CPS Investigators,” which was a specialized investigation block of training that
th
included the Fourth Amendment and she completed “CPS, the 4 Amendment,
Respecting the Rights of Families” again on November 4, 2008.
-
• Balderas also testified that, in order to re-enforce what the investigators have learned in
training, the Academy will do activities such as simulations and role-playing.
The State’s third witness was Kenny Stillwagoner, another investigator with the Department. He
was also a police officer. He testified that in the context of other investigations Ross would ask
him to search for drugs in homes, and he would refuse because it was not their job. On cross
examination, Ross’s defense counsel focused on just this case, and questioned Stillwagoner
about how unusual this particular case was—a report came into CPS that a baby had been born in
a mobile home without any medical care; there was a complaint that the baby’s mother had a
previous drug history and that the baby had been exposed and was probably addicted to
narcotics; nobody knew where this baby was and whether the baby was alive or dead; and there
was a court order for law enforcement to assist in searching the home. Stillwagoner had to admit
that it was “fair” to call this a “rare” case.
The State’s fourth witness was Leslie Hunt Vargas, the baby’s mother. She testified that on
December 16, 2011, she and her husband had left the Highway 69 S. home, and they a family
member of Hunt’s husband. They were just staying there temporarily. When they found out that
the Department was looking for them and for the baby, they decided to leave the home to avoid
encountering investigators with the Department. But Hunt did not find out until after they had
left the home that the Department had forcibly entered the home and searched it. She also
admitted that she figured that was something “they legally could do.” Hunt also agreed that the
amount of blood and bodily fluid on the mattress and in the bedroom made it look “like
somebody tried to kill somebody.”
The State’s fifth witness was Rochell Bryant, an investigative supervisor at the same
Department. Investigative supervisors “guide [the investigators] through what needs to be done
on a task, make supervisor decisions, give guidance on cases, help caseworkers out, make sure
that procedures are being followed.” Bryant testified that after Francis expressed her concerns
regarding how Ross conducted the search of the Highway 69 S. home, she reported it directly to
her supervisor, Laura Ard, the program director. Bryant expressed her opinion that, based on her
experience and training, it is “never” proper to search through cabinets, search through kitchen

A Peace Officer’s Guide to Texas Law 127 2019 Edition